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Meeting date/time:
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12/5/2017
9:00 AM
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Minutes status:
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Approved
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Meeting location:
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COUNTY ADMINISTRATION BUILDING
BOARD HEARING ROOM, FOURTH FLOOR
105 EAST ANAPAMU STREET, SANTA BARBARA
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17-00007
| | Agenda Item | CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code section 54956.9)
In re: Venoco, LLC, et al., United States Bankruptcy Court for the District of Delaware case number 17-10828 (KG).
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code section 54956.8)
Property: Assessor's Parcel Numbers 085-243-002-003, 085-243-002-013, and 085-213-017, at 303 South C Street, Lompoc, California (Fourth Supervisorial District). Agency negotiator: General Services Director Janette D. Pell. Negotiating party: Jim Raggio, CEO, Lompoc Valley Medical Center, Lompoc Healthcare District. Under negotiation: price and terms of payment. | |
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17-00858
| A-1) | Agenda Item | Consider recommendations regarding the Asian Citrus Psyllid (ACP) Bulk Citrus Regulatory Program Agreement No. 17-0474-000-SA with the California Department of Food and Agriculture, as follows:
a) Approve, ratify, and authorize the Chair to execute an agreement with the California Department of Food and Agriculture for support of services related to the Asian Citrus Psyllid (ACP) Bulk Citrus Regulatory Program in the County of Santa Barbara for the period of October 1, 2017 through June 30, 2018 in the amount of $22,781.12; and
b) Determine that the proposed action involves government funding mechanisms and/or fiscal activities and is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(4) and direct staff to file a Notice of Exemption. | Pass |
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17-00856
| A-2) | Agenda Item | Consider recommendations regarding Single Audit Reports for the Fiscal Year ended June 30, 2017, as follows:
a) Receive and file the County of Santa Barbara’s Single Audit Reports for the Fiscal Year ended June 30, 2017; and
b) Determine that the above actions are not a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(5) of the CEQA guidelines, because they consist of administrative activities of the government that will not result in direct or indirect physical changes in the environment. | Pass |
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17-00860
| A-3) | Agenda Item | Receive and file the Auditor-Controller’s Loss of Public Property Report for the period of July 1, 2016 through June 30, 2017. | Pass |
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17-00861
| A-4) | Agenda Item | Consider recommendations regarding an Independent Special Districts Compliance Report, as follows:
a) Receive and file the Santa Barbara County Independent Special Districts Compliance Report for the completion of annual audits ending Fiscal Year (FY) 2015-2016 and annual budgets for FY 2016-2017; and
b) Determine that the above actions are not a project under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15378(b)(5), because they are government fiscal activities which do not involve commitment to any specific project which may result in potentially significant physical impact on the environment. | Pass |
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17-00855
| A-5) | Agenda Item | Lompoc Unified School District - Approve the request of the Lompoc Unified School District to call and give notice of an election to authorize the issuance of school bonds, establishing specifications of the election order and requesting consolidation with other elections occurring on June 5, 2018.
(APPROVE AND REFER TO THE COUNTY CLERK-RECORDER-ASSESSOR) | Pass |
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17-00870
| A-6) | Agenda Item | Approve the appointment of Dave King as the City of Buellton Representative (City appointed April 13, 2017 to a term concurrent with the Countywide Library Agreement) to serve on the Library Advisory Committee for a term of one year, or until discharged at the pleasure of the Board of Supervisors. | Pass |
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17-00871
| A-7) | Agenda Item | Approve the appointment of Patricia Kistler as the City of Goleta Representative (City appointed October 3, 2017 to a term concurrent with the Countywide Library Agreement) to serve on the Library Advisory Committee for a term of one year, or until discharged at the pleasure of the Board of Supervisors. | Pass |
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17-00872
| A-8) | Agenda Item | Consider recommendations regarding amendments to emPower Funding Agreements, as follows:
a) Approve and authorize the Chair to execute the Fourth Amendment to the Agreement to Deliver the 2013-2014 County of Santa Barbara emPower Energy Efficiency Program (emPower Funding Fourth Amendment) between the County of Santa Barbara and Southern California Gas Company (SoCalGas);
b) Approve and authorize the Chair to execute the Fourth Amendment to the Subrecipient Agreement for the County of San Luis Obispo (SLO Fourth Amendment) between the County of San Luis Obispo and the County of Santa Barbara and the Fourth Amendment to the Subrecipient Agreement for the County of Ventura (VC Fourth Amendment) between the County of Ventura and the County of Santa Barbara;
c) Approve and authorize the Chair to execute the Fifth Amendment to the emPowerSBC Santa Barbara County Residential Energy Improvement Loan Program Energy Improvement Loan Loss Reserve Agreement Amended and Restated (Fifth Amendment to 2014 LLR Agreement) between the County of Santa Barbara and CoastHills Credit Union; an | Pass |
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17-00880
| A-9) | Agenda Item | Consider recommendations regarding Amendment No. 1 to an Agreement for Professional Legal Services with Rutan and Tucker, LLP, as follows: (4/5 Vote Required)
a) Approve, ratify, and authorize the Chair to execute Amendment No. 1 to the Agreement for Professional Legal Services between the County of Santa Barbara and Rutan and Tucker, LLP, amending the scope of work and increasing the not-to-exceed amount to $200,000.00; and
b) Determine that the above action is not a project under the California Environmental quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378(b)(4) and 15378(b)(5) because it consists of government administrative or fiscal activities that will not result in direct or indirect physical changes in the environment. | Pass |
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17-00873
| A-10) | Agenda Item | Approve Budget Revision Requests (SEE EXHIBIT A POSTED WITH AGENDA). (4/5 Vote Required). | Pass |
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17-00875
| A-11) | Agenda Item | Consider recommendations regarding Appointments to the CenCal Health Board of Directors, as follows:
a) Approve the Appointment of Van Do-Reynoso, MPH, PhD, Director of the Public Health Department (Classification-County of Santa Barbara) to the CenCal Health Board of Directors, effective January 1, 2018;
b) Reappoint the following CenCal Health Board members for a two-year term, effective January 1, 2018 through December 31, 2019;
i) Daniel Herlinger, Consumer Classification-Community Business;
ii) Kurt Ransohoff, MD, Provider Classification-Physician, Medical Society Representative; and
iii) Kerin Mase, Provider Classification-Hospital Administrator-South County; and
c) Determine that these activities are exempt from California Environmental Quality Act (CEQA) review per CEQA Guidelines Section 15378(b)(5) since the recommended actions are government administrative activities which do not involve commitment to any specific project which may result in potentially significant physical impact on the environment. | Pass |
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17-00882
| A-12) | Agenda Item | Consider recommendations regarding a Safe Parking Program on County Property: Sixth Amendment to the License and Service Agreement, File 003506, Second Districts, as follows:
a) Approve and authorize the Chair to execute Sixth Amendment to License and Service Agreement between New Beginnings Counseling Center and the County of Santa Barbara for the Safe Parking Program on County property to: 1) add five designated RV parking spaces at the Employee University parking lot and a portable restroom at a location designated by County Facilities Maintenance manager, which will be at the sole cost of New Beginnings Counseling Center, at the County’s Calle Real Campus and 2) delegate the authority to administer and enforce the program on behalf of the County Board of Supervisors, and to approve and execute any future amendments that are not in conflict with the purpose and use of the program and do not extend the term, to the General Services Director, or designee; and
b) Approve the Notice of Exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15301 - Cl | Pass |
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17-00874
| A-13) | Agenda Item | Consider recommendations regarding an Independent Contractor Agreement with Vanir Construction Management, Inc. for Services Associated with the Main Jail, as follows: (4/5 Vote Required)
a) Approve Budget Revision Request No. 0005460 establishing appropriations of $334,000.00 in General Services’ Capital Fund 0030 for both the Main Jail Implementation Plan project and ADA consulting services;
b) Approve and authorize the Chair to execute the Agreement with Vanir Construction Management, Inc. for master planning services associated with the Main Jail Implementation Plan in the amount of $215,000.00;
c) Approve and authorize the Director of General Services to issue amendments to the above agreement in an amount not to exceed $21,500.00 for a total up to $236,500.00;
d) Approve and authorize the County Purchasing Agent to execute a change order under purchasing contract CN20216 with Vanir in order to continue Americans with Disabilities Act (ADA) consulting through December 31, 2018 and increase the purchasing contract by $62,500.00 for additional consultation services for a tota | Pass |
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17-00876
| A-14) | Agenda Item | Consider recommendations regarding Solid Rock Group New Agricultural Preserve Contract, Santa Maria Area, Fifth District, as follows:
a) Approve and authorize the Chair to execute a New Agricultural Preserve Contract 17AGP-00000-00021, a single preserve of 161.44-acres (APN 128-100-014), located approximately 850 yards south of Foxen Canyon Rd. and 850 yards east of Telephone Rd, in the Santa Maria area;
b) Adopt a Resolution, creating Agricultural Preserve 17AGP-00000-00021;
c) Authorize recordation by the Clerk of the Board; and
d) Determine that the project is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15317. | Pass |
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17-00877
| A-15) | Agenda Item | Consider recommendations regarding Submittal of a Local Coastal Program Amendment to the California Coastal Commission, Short-Term Rental (STR) Ordinance, as follows:
a) Adopt a Resolution and direct staff to submit the following amendments to the Santa Barbara County Local Coastal Program (LCP) to the California Coastal Commission (CCC) for review and certification:
i) Ordinance No. 5016 (Case No. 16ORD-00000-00012) that amends Article II, the Coastal Zoning Ordinance, of Chapter 35, Zoning, of the County Code by amending Division 1, In General, Division 2, Definitions, Division 4, Zoning Districts, Division 6, Parking Regulations, Division 7, General Regulations, and Division 12, Administration; and
ii) Ordinance No. 5017 (Case No. 17ORD-00000-00008) that amends Article II, the Coastal Zoning Ordinance, of Chapter 35, Zoning, of the County Code by amending Division 5, Overlay Districts; and
b) Find that the transmittal of this Resolution is an administrative activity of the County which will not result in direct or indirect physical changes in the environment and is the | Pass |
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17-00878
| A-16) | Agenda Item | Consider recommendations regarding Venoco Line 96 de-inventory Project, Emergency Permit
Case No. 17EMP-00000-00012, Gaviota Area, Third District, as follows:
a) Receive and file a report on Emergency Permit 17EMP-00000-00012, which authorized the de-inventory of Venoco’s Line 96 to reduce the risk of an oil spill;
b) Determine that issuance of the Emergency Permit is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15269(c), as this action was necessary to prevent or mitigate an emergency; and
c) Determine that receiving and filing the report is not a project pursuant to CEQA Guidelines section 15378(b)(5), as it is an administrative government activity that will not result in direct or indirect physical changes in the environment. | Pass |
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17-00857
| A-17) | Agenda Item | Consider recommendations regarding the Annual Public Works Director’s Report and Resolution to Update the Orcutt Transportation Improvement Plan, Third and Fourth Districts, as follows:
a) Receive and file the Public Works Director’s Report for the Orcutt Transportation Improvement Plan;
b) Review and approve the estimated costs of the transportation facilities described in the Report, the continued need for these facilities, and the reasonable relationship between the need and the impacts of development for which the fees are charged;
c) Adopt a Resolution updating the Orcutt Transportation Improvement Plan and finding a reasonable relationship between the need for the public transportation facilities and a continued need for the facilities identified in the Orcutt Community Transportation Improvement Plan; and
d) Determine that the proposed actions are administrative and other fiscal activities that do not involve commitment to any specific project, and are therefore not a project as defined by State California Environmental Quality Act Guidelines Section 15378, and ap | Pass |
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17-00859
| A-18) | Agenda Item | Consider recommendations regarding First and Second Quarter Medical Grievance Oversight Coordinator Reports, as follows:
a) Receive and file the First and Second quarter reports for 2017 from the Santa Barbara County Jail’s Medical Grievance Oversight Coordinator; and
b) Determine this action is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15378(b) (5), which are organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment. | Pass |
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17-00884
| A-19) | Appointment/BOS item | Approve the reappointment of Susan Keller to the Montecito Planning Commission, term ending January 8, 2020, First District. | Pass |
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17-00885
| A-20) | Appointment/BOS item | Approve the reappointment of J’Amy Brown to the Montecito Planning Commission, term ending January 8, 2020, First District. | Pass |
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17-00865
| A-21) | Appointment/BOS item | Approve the appointment of Owen Wright, regular member, to the Central County Board of Architectural Review, term ending December 31, 2020, Third District. | Pass |
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17-00867
| A-22) | Appointment/BOS item | Approve the reappointment of Sharon Byrne to the Behavioral Wellness Commission, term ending January 1, 2021, Fourth District. | Pass |
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17-00866
| A-23) | Appointment/BOS item | Approve the appointment of Jaime Marks to the Commission for Women, term ending December 31, 2018, Fifth District. | Pass |
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17-00862
| A-24) | Agenda Item | HEARING - Consider recommendations regarding the Coastal Resource Enhancement Fund (CREF): 2018-2022 Reassessment, Annual Status Report and Distribution of 2018 CREF Fees, as follows: (EST. TIME: 10 MIN.)
a) Consider reassessment of Oil and Gas Project CREF payments for 2018-2022;
b) Receive and file the annual CREF Status Report;
c) Direct staff to set aside $156,138.00 from the 2018 CREF fees for the Hollister Ranch Access Program and $146,606.00 for the Fund Deferral Program for coastal acquisitions and solicit proposals with 2019 CREF fees in 2019;
d) Amend the CREF Guidelines for the purposes of reassessing 2018-2022 CREF fees and documenting CREF fees set aside for the Hollister Ranch Access Program; and
e) Determine that reassessing CREF fees, updating CREF Guidelines, receiving the annual CREF Status Report, and allocating 2018 CREF fees are exempt from CEQA pursuant to Sections 15378(b)(4) and (5) of the State Guidelines.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE | Pass |
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17-00864
| A-25) | Honorary Resolution | Adopt a Resolution of Commendation honoring David Kim for his service as President of the Santa Barbara Association of Realtors. | Pass |
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17-00863
| A-26) | Honorary Resolution | Adopt a Resolution of Commendation honoring Ian Swisher, Julia Kosowitz and Sally Leon-Tondro of the Agricultural Commissioner’s/Weights and Measures office as the December 2017 Employees of the Month in Santa Barbara County. | Pass |
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17-00868
| A-27) | Honorary Resolution | Adopt a Resolution proclaiming December 1, 2017 as World AIDS Day in Santa Barbara County. | Pass |
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17-00586
| 1) | Agenda Item | HEARING - Consider recommendations regarding Case Nos. 17APL-00000-00002 and 17APL-00000-00003, the Olsten Trust Appeal and the Hair/Sturgess Appeal, respectively, of the Montecito Planning Commission’s April 18, 2017 conditional de novo Preliminary Design Review approval of the Olsten Trust Single-Family Dwelling Demo-Rebuild, New Detached Garage, Cabaña and Pool (Case No. 14BAR-00000-00082), First District, as follows: (EST. TIME: 15 MIN.)
a) Approve in part and deny in part, the Olsten Trust appeal, Case No. 17APL-00000-00002;
b) Approve in part and deny in part, the Hair/Sturgess appeal, Case No. 17APL-00000-00003;
c) Make the required findings for Preliminary Design Review approval of the revised project, including the California Environmental Quality Act (CEQA) findings;
d) Determine that approval of the revised project is exempt from CEQA, pursuant to Section 15303; and
e) Grant de novo Preliminary Design Review Approval of the revised project, Case No. 14BAR-00000-00082, as show in plans dated October 5, 2017, and pursuant to the conditions of the settlement a | Pass |
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17-00881
| 2) | Agenda Item | HEARING - Consider recommendations regarding the recruitment process for filling a vacancy on the Retirement Board of the Santa Barbara County Employees Retirement System, as follows: (EST. TIME: 15 MIN.)
a) Receive and file an update on the existing vacancies on the Retirement Board of the Santa Barbara County Employees Retirement System; and
b) Provide direction to staff regarding the appointment process.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: POLICY | Pass |
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17-00869
| 3) | Agenda Item | HEARING - Consider recommendations regarding a First Amendment to the Countywide Library Agreement and an Update on the Formation of the City of Goleta’s Municipal Library, as follows: (EST. TIME: 45 MIN.)
a) Approve and authorize the Chair to execute a First Amendment to the Fiscal Year (FY) 2017-2018 Agreement for Operation of a Countywide Library System that increases funding for library services to the Cities of Lompoc, Santa Barbara and Santa Maria by $162,000.00 for a total award of $3,827,338.00;
b) Receive and file an update on the status of the formation of a Municipal Library by the City of Goleta;
c) Receive and file an update on the status of the Library Consultant; and
d) Determine that the above recommendation actions are exempt from California Environmental Quality Act (CEQA) review per CEQA Guideline Sections 15378(b)(4) and 15378(b)(5), finding that recommended action a) is a creation of a governmental funding mechanism or other government fiscal activity, which does not involve any commitment to any specific project which may result in a potentially si | Pass |
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17-00879
| 4) | Agenda Item | HEARING - Consider recommendations regarding a Status Report of Oil and Gas Operations in Santa Barbara County, as follows: (EST. TIME: 45 MIN.)
a) Receive and file a comprehensive report on the status of offshore and onshore oil and gas operations in Santa Barbara County;
b) Determine that this report does not constitute a project under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378(b)(5), since receiving this Report is an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment.
COUNTY EXECUTIVE OFFICER’S RECOMMENDATION: APPROVE | Pass |
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17-00883
| 5) | Agenda Item | HEARING - Consider recommendations regarding Judge David W. Long’s Arbitration Ruling and Awards, as corrected, dated June 16, 2017 as to Awards 1 through 9, in the matter of arbitration between Nomad Village Mobilehome Homeowners and Nomad Village Mobilehome Park, pursuant to Rule 23 of the Mobilehome Rent Control Rules for Hearings and Chapter 11A, Section A-4 of the Santa Barbara County Code, Second District, as follows: (EST. TIME: 1 HR.)
a) Make the following determinations as supported by the Findings:
i) Find that the Arbitrator did not abuse his discretion and affirm Award No. 1 related to the denial of Homeowner’s Motion for Summary Judgment styled motion;
ii) Find that the Arbitrator did not abuse his discretion and affirm Award No. 2 related to the denial of Homeowner’s objection to Management’s Reply Brief on Attorney fees;
iii) Find that the Arbitrator did not abuse his discretion and affirm Award No. 3 related to the compliance by Management of the Meet and Confer requirements as set out in the Santa Barbara County Mobilehome Rent Control Ordinance;
iv) | Pass |
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17-00883
| | Agenda Item | HEARING - Consider recommendations regarding Judge David W. Long’s Arbitration Ruling and Awards, as corrected, dated June 16, 2017 as to Awards 1 through 9, in the matter of arbitration between Nomad Village Mobilehome Homeowners and Nomad Village Mobilehome Park, pursuant to Rule 23 of the Mobilehome Rent Control Rules for Hearings and Chapter 11A, Section A-4 of the Santa Barbara County Code, Second District, as follows: (EST. TIME: 1 HR.)
a) Make the following determinations as supported by the Findings:
i) Find that the Arbitrator did not abuse his discretion and affirm Award No. 1 related to the denial of Homeowner’s Motion for Summary Judgment styled motion;
ii) Find that the Arbitrator did not abuse his discretion and affirm Award No. 2 related to the denial of Homeowner’s objection to Management’s Reply Brief on Attorney fees;
iii) Find that the Arbitrator did not abuse his discretion and affirm Award No. 3 related to the compliance by Management of the Meet and Confer requirements as set out in the Santa Barbara County Mobilehome Rent Control Ordinance;
iv) | Pass |
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